LOKE SEEN YOONG v Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara]

w-05sh-61-02-2024 Court of Appeal (Mahkamah Rayuan) 1 October 2025 • W-05(SH)-61-02/2024 • 13 min read
4 cases cited (0 SG, 4 foreign)

Outcome

Accordingly, the appeal is dismissed, and the conviction and sentence imposed by the High Court are affirmed.

Quoted verbatim from the judgment of Court of Appeal (Mahkamah Rayuan) (w-05sh-61-02-2024). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Appeal against conviction and sentence – Section 39B(1)(a) of the Dangerous Drugs Act 1952 – Section 12(2) of the Dangerous Drugs Act 1952 read together with Section 12(3) of the same Act – Whether there were material gaps in the chain of custody of the impugned exhibits – Whether the learned High Court jugde failed to properly evaluate the Defence under Section 182A of the Criminal Procedure Code – Dispute as to the recovery of Exhibit 9A – Whether the Appellant has custody, control or knowledge of the drugs found – Proximity insufficient to establish possession – Whether the absence of fingerprint or DNA evidence linking the Appellant to the impugned exhibits undermines the prosecution’s case – Whether the doctrine of wilful blindness ought not to have been invoked – Statutory presumption of trafficking under Section 37(da) of the Dangerous Drugs Act 1952.

Practice Areas

Criminal Procedure Criminal Law

Judges (3)

Azman bin Abdullah Coram Mohd Radzi bin Abdul Hamid Coram Noorin binti Badaruddin Delivered

Counsel (4)

Attorney General's Chamber Firm Nazri Aziz Masura Mak & Tan Firm Atiqah binti Abdul Karim @ Husaini Counsel Respondent Mah Kah Keong Counsel Appellant

Parties (2)

Pendakwa Raya Respondent Loke Seen Yoong Appellant

Statutes Cited

Criminal Procedure Code (Cap 593)
s 182A
Dangerous Drugs Act 1952 (Cap 234)
s 39A(2) s 39B(1)(a)

Cases Cited (4)

MY (4)
[1956] 22 MLJ 237 [2005] 6 MLJ 393 [2008] 6 MLJ 19 [2015] 1 CLJ 918

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (w-05sh-61-02-2024)